> Overview

United States citizens and legal permanent residents may petition for all their children and their unmarried children, respectively, by filing an I-130 petition. A separate petition must be filed for each child.

The government will categorize the child depending on the child’s age and marital status and if the petitioner is a US citizen or legal permanent resident. The category is extremely important because it can mean a difference of many years in how long the immigration process will take.

We encourage anyone seeking to help his or her child immigrate to the US apply to do so as early as possible. Current waits for children who are not immediate relatives range from over 2 and a half years to over 19 years. During that wait, Congress may change how the wait works, so securing a child’s place in line is critical.

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> What documents are required to prove the family relationship?

There are two basic types of required documents when petitioning for a child

• Proof of the petitioner’s US citizenship or legal permanent residence such as a copy of the passport or green card
• A copy of the child’s birth certificate showing you are the parent.

Further relevant documentation is required when the parental relationship is step or adopted.

A certified English translation must be provided for all documents not written in English.

> Can the child's family also receive green cards?

For most categories, yes. Unless the child is categorized as an immediate relative, the child’s unmarried children under 21 and opposite-gender spouse may also benefit from the immigration petition. Their eligibility for a green card stems from the I-130 filed for the sibling and his or her subsequent approval for a green card.

In the case of an immediate relative child, he or she may petition for his or her children after receiving a green card.

> How long does the petition process take?

This depends on which country the child is from and which family-based immigration category the child is in. If the child is an immediate relative, the process will probably take about 6 to 8 months. Unexpected delays occur, so we suggest allowing for at least 12 months. If the child is not an immediate relative, look at the most recent State Department visa bulletin under the appropriate family-based category. The priority date delay is approximate because each month the government may process more or less than a month’s worth of priority dates.

There is no method like premium processing to speed up the family-based immigration process. An individual can pursue other immigration opportunities instead of family-based immigration or while waiting for the family-based immigration process to unfold.

> What happens if my child turns 21 while we’re waiting for the immigration process to finish?

His or her family-based immigration category will change to the applicable category while keeping the original priority date. For instance, an unmarried child under 21 will be classified as an FB-1 upon turning 21 or an FB-3 upon marriage.

Note that a legal permanent resident's petition for a child will be canceled upon that child's marriage.

A child may benefit from the Child Status Protection Act, which freezes the child's age for the period of time between the government's receiving the child's petition and the government reaching a decision on the child's petition.

> How much does the US government charge?

Each I-130, the family based immigration petition, costs $535.

The Affidavit of Support costs $120 unless filed outside the United States; most are filed in the US.

Each I-485, the application used to adjust status, costs $1140 with an additional $85 for biometrics (fingerprints). The biometrics fee applies to applicants from age 14 to 78.

Each DS-230 or DS-260, the paper or online application used for consular processing, costs $325 for family-based immigration before the interview and $220 after the interview.

We expect all fees and surcharges to increase in the years between filing the I-130 and the priority date becoming current.